Question 4: How can I avoid a Will contest?

Question 4: How can I avoid a Will contest?

• How can I keep my heirs from contesting my Will? Unfortunately, there is not an air-tight means of preventing a Will contest.  It is very common for a Will to say that, if an heir tries to have the Will declared invalid, that heir will then lose his or her inheritance.  The truth is that Idaho law makes these provisions unenforceable.  The courts want to know if there is a reason to believe that the person who made the Will was not mentally competent to do so.  They also want to know if there is any other reason to disregard the Will.  A person who is of advanced years or who is concerned that someone might argue that he or she is incompetent might also visit with a physician at about the same time the Will was signed and ask for a letter confirming that the doctor believes the person is competent to make a Will.  That letter should then be stored with the Will and a copy should be provided to the Executor named in the Will.
• For additional information on this subject, see blog discussion here.